Mascaro v Inner West Council

The case of Mascaro v Inner West Council involved Ms Mascaro, a director of an early learning service, and the Inner West Council, her employer. Ms Mascaro sought an extension of time to bring her claim under the Workers Compensation Act 1987 (NSW), and the Council opposed the application. The case was heard by the Arbitrator who needed to decide whether Ms Mascaro was able to demonstrate that there were exceptional circumstances that warranted the extension of time. The Arbitrator was required to determine whether the findings of the Commission outside the pleadings were relevant to the decision on the application for an extension of time, and whether the test in Banque Commerciale SA v Akhil Holdings Ltd applied. Additionally, the Arbitrator had to consider the causation test in s 11A(1) of the Workers Compensation Act 1987 (NSW), and the meaning of 'discipline' in that section. Finally, the Arbitrator had to evaluate the reasonableness of the decision to dismiss Ms Mascaro.

The Arbitrator held that the findings of the Commission outside the pleadings were relevant to the decision on the application for an extension of time, and that the test in Banque Commerciale SA v Akhil Holdings Ltd applied. The Arbitrator found that Ms Mascaro was unable to demonstrate that there were exceptional circumstances that warranted the extension of time. The Arbitrator found that the Council had established a prima facie case of disciplinary action being a sufficient cause of Ms Mascaro’s psychiatric injury. The Arbitrator also found that the decision to dismiss Ms Mascaro was reasonable. The Arbitrator held that the Council had a legitimate aim in dismissing Ms Mascaro, and that the decision to dismiss was not disproportionate to that aim.

The Arbitrator dismissed the application for an extension of time. The Arbitrator found that the decision to dismiss Ms Mascaro was reasonable and that there were no grounds to interfere with that decision.